Trademark as a Property
Intellectual property is a name used to point out an assortment of legal
privileges to a buffet of ideas, information or other works in an
expressed concrete structure. The proprietor of this legal privilege is
licensed to implement the exclusive rights on his/her property within the
intellectual property law's prerogatives.
By definition, intellectual property refers to the issue that what the
human mind has invented or produced can be considered as a property and
can be protected by the law. It signifies the precise description of
legal rights endowed upon inventors, authors, and other certain property
Trademark is considered as an intellectual property alongside with
copyrights; patents, industrial design right, and trade secrets.
As an overview, patents are granted to new and practical inventions and
allow the patentee the right to solely exploit the commercial potential
of the invention for a certain amount of time. The purpose of industrial
design right is to guard the structure of design or style of an object
such as furniture or spare parts. While the realm of responsibility of
copyrights are creative works; and it provides the holders the privilege
to be in command of the work's adaptations or reproductions for an agreed
upon period of time. Lastly, trade secrets are non-public information
related to proprietary enterprise information and that its public
revelation is deemed unlawful.
To return to the main subject, a trademark is any sign that allows
identification of the commodities and services that are produced by a
company or an individual. A trademark can be a single or a collection of
words, designs, icons, letters, numbers, or symbols. It is practically
the façade of a company that promotes their commercial marketability
power to the public. But it can be also used to merely identify a non-
corporate organization or club.
Other than its purpose of distinguishing a product or a service, it also
endows exclusive rights and protection to the asset or property claimed
by the owner. Although the time span of exclusive protection for the said
mercantile properties may vary, trademark registration can be extended
for an indefinite period of time as long as the owner can pay the
additional fees. Protection of commercial properties by trademark laws is
implemented by magistrates. These magistrates have the power to obstruct
Trademark's primary purpose is to pointedly name the origin or source of
the commodities. It is basically a sort of symbol of origin or another
way of marking a property. This type of utilization of trademark is
called trademark use. The owner of the trademark insists on the rights
through the blockage of illegal usage by competitors.
Rights to the trademark take place after completing registration of the
mark associated with a certain variety or single type of goods and
services. But it may be necessary to instigate legal proceedings to
thwart of illegal use of the mark outside the jurisdiction of the law.
But trademark law does not eliminate the use of the mark or symbol by the
hoi polloi or public.
When one looks at it clearly, trademark supports global commerce through
financial returns and commercial exposure of the marketable properties.
Protection of trademarks also includes the obstruction of unreasonable
rivals and the prevention of imitators to utilize the same distinguished
signs to sell their own products, services, or properties. This scheme
practically facilitates fair production and enterprise of mercantile
goods, services, and properties encouraging the advancement of global
But this organization of commercial trade has its critics, too. There are
others that view the grand system of intellectual property as
intellectual protectionism. There are arguments as to whether the laws
concerning intellectual properties function for the benefit of the global
citizenry. It is also deliberated if the protection the laws provide is
suitable within the context of originality developed from facts derived
from tradition, folklore, legends, or myth as well as patents intended
for business techniques.
The provision of international property laws of rights can be deemed
innately off-putting. It consequently endows the international property
holder the right to keep out competitors from violating their control and
regulation of the products and services.
Last but not least, the intellectual property laws' endowment of
exclusive rights and/or privileges can be reassigned or loaned to third
parties with or without due consideration. Just like other types of
property, intellectual property, in this case, trademark property, can
also be loaned or mortgaged to other people. It can be even utilized as a
security for a loan, too!